firearmscrimes
The Supreme Court on Friday ruled that the right to a trial by jury and to due process apply to people who face a steep sentencing enhancement under federal law, in a ruling that transfers some power from the hands of judges to the public and will affect many criminal defendants' future punishments. The procedural history of the case is a bit of a whirlwind. But at its center is Paul Erlinger, who was charged in 2017 with being a felon in possession of a firearm and sentenced to 15 years under the Armed Career Criminal Act (ACCA), which increases the punishment for that offense—felon in posses...
Reason
A federal law that Congress enacted in 1994 prohibits gun possession by people subject to domestic violence restraining orders. Since that seems like a no-brainer, many people were dismayed when the U.S. Court of Appeals for the 5th Circuit deemed that provision unconstitutional last year in United States v. Rahimi. But as anyone who reads the majority and concurring opinions in that case can see, there is a striking problem with 18 USC 922(g)(8): It disarms people even when there is little or no evidence that they pose a danger to others. In an 8–1 decision today, the Supreme Court avoided th...
Reason
A federal jury in Delaware today found Hunter Biden guilty of three felonies based on his purchase of a revolver from a Wilmington gun shop in October 2018. That outcome is not surprising, since Biden had publicly admitted that he was a regular crack cocaine user around the time of the transaction. But Biden can still challenge the verdict by arguing that his prosecution violated the Second Amendment—a claim that pits him against his own father. The central charge against the president's son was a violation of 18 USC 922(g)(3), which makes it a felony for an "unlawful user" of a "controlled su...
Reason
On the heels of a New York conviction that stripped Donald Trump of his Second Amendment rights, a federal jury in Delaware is considering whether Hunter Biden violated three gun laws when he bought a revolver in 2018. If Biden is convicted of those felonies, he also will lose the constitutional right to armed self-defense. These two cases—one involving the president's son, the other involving his opponent in this year's election—highlight the arbitrariness of a federal law that deprives Americans of their gun rights for reasons that have nothing to do with public safety. That constitutionally...
Reason
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